(PC) Sherman v. Ramadan

Opinion

JUSTIN SHERMAN, No. 1:20-cv-01609 JLT GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 36)

RAMADAN, ORDER DISMISSING MATTER FOR FAILURE TO PROSECUTE AND FAILURE Defendant. TO OBEY COURT ORDER

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS (Doc. 28) Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 29, 2024, the magistrate judge issued Findings and Recommendations to dismiss this action for failure to prosecute and failure to obey a court order. (Doc. 36.) The Court served the Findings and Recommendations on the Plaintiff and notified him that any objections were due within 14 days. (Id. at 3–4 (citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)); see also Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014). Plaintiff did not file objections, and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The findings and recommendations issued January 29, 2024 (Doc. 36), are hereby ADOPTED IN FULL. 2. This matter is DISMISSED for failure to prosecute and for failure to obey a court order. See Fed. R. Civ. P. 41(b); see also Local Rule 110. 3. Defendant’s motion for summary judgment (Doc. 28) is DENIED as moot. 4. The Clerk of Court is directed to CLOSE this case. Dated: _ February 20, 2024 Cerin | Tower TED STATES DISTRICT JUDGE